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2023 Supreme(Ker) 700

BECHU KURIAN THOMAS
Athanikkal Muhammed, S/o. Hassan Haji – Appellant
Versus
State of Kerala, Represented By Its Secretary, Department Of Agriculture – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.Rakesh
For the Respondent: Smt.Devishri R., Government Pleader

JUDGMENT :

Proceedings were initiated against the petitioner under Section 13 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, 'the Act'), and the District Collector directed the property to be restored as paddy land. Revision petition preferred before the State Government under Section 28 of the Act has also been dismissed, and hence this writ petition under Article 226 of the Constitution of India.

2. Petitioner is the owner of 12.40 Ares of property in Resurvey No.220/3 of Vazhakkad Village, Kondotty Taluk. On 28.07.2019, the Revenue Divisional Officer reported to the District Collector that petitioner was attempting to convert his paddy land unauthorisedly and requested to initiate proceedings under Section 13 of the Act. Based on the said report, the District Collector initiated proceedings and, by order dated 04.11.2020, directed the petitioner to restore the paddy land within 15 days from the date of receipt of the order, failing which the revenue officials were directed to carry out restoration and to recover the expenditure from the petitioner by recourse to revenue recovery proceedings.

3. Challenging the order of the District Collector, petitioner

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